Markham Posted November 25, 2014 Posted November 25, 2014 You as a foreigner can divorce a Filipina in the States if you marry in the Philippines but she cannot divorce you nor can she re-marry if you divorce her - all most unfair imho The highlighted phrase is, I'm afraid, incorrect. If an foreigner divorces his Philippine wife abroad then provided she is given a copy of Court papers and the final Decree, she can register those documents with the NSO and will be able to re-marry (in the Philippines). 1 Link to comment Share on other sites More sharing options...
Jack Peterson Posted November 26, 2014 Posted November 26, 2014 The highlighted phrase is, I'm afraid, incorrect. If an foreigner divorces his Philippine wife abroad then provided she is given a copy of Court papers and the final Decree, she can register those documents with the NSO and will be able to re-marry (in the Philippines). I don't mean to tread on any toes here but it is not quite, as simple as that. The divorce obtained by the foreign or naturalized spouse is not automatically recognized in the Philippines. The Filipino party needs to file a case in court for the recognition of the foreign divorce. The party pleading for divorce recognition must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. It must also be shown that the divorce decree allows the former spouse to remarry, as specifically required in Par. 2, Art. 2 of the Family Code of the Philippines. Only until after the foreign divorce is recognized in the Philippines can the Filipino spouse enter into another marriage. One cannot presume that he or she is legally capacitated to enter into another marriage because the former spouse has already been granted a divorce. The recognition of the foreign divorce is mandatory if the Filipino party is to remarry. http://www.hg.org/article.asp?id=20090 1 Link to comment Share on other sites More sharing options...
Markham Posted November 26, 2014 Posted November 26, 2014 If the Philippine ex-spouse is provided with the Divorce Decree and other documentation issued by the foreign court, then it is fairly easy to have that recognised by a Philippine court. Link to comment Share on other sites More sharing options...
Jack Peterson Posted November 26, 2014 Posted November 26, 2014 If the Philippine ex-spouse is provided with the Divorce Decree and other documentation issued by the foreign court, then it is fairly easy to have that recognised by a Philippine court. My Point being, it is a Court and not the NSO, I am not picking an Argument here, but i think we will all agree, we do need to be Clear/Correct on these things. As we have discussed before, Nothing is ever simple here. 2 Link to comment Share on other sites More sharing options...
Methersgate Posted November 26, 2014 Posted November 26, 2014 My understanding of the position is the same as Jack's. Link to comment Share on other sites More sharing options...
Markham Posted November 27, 2014 Posted November 27, 2014 If the Philippine ex-spouse is provided with the Divorce Decree and other documentation issued by the foreign court, then it is fairly easy to have that recognised by a Philippine court. My Point being, it is a Court and not the NSO, I am not picking an Argument here, but i think we will all agree, we do need to be Clear/Correct on these things. As we have discussed before, Nothing is ever simple here. The court-issued order is accepted by the NSO which will then clear the Marriage Record. Apparently. Link to comment Share on other sites More sharing options...
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